Let’s face it: Some employees are a bit unusual. They may do a good job, but their personal quirks may make other employees feel uncomfortable. Sometimes, their behavior may even be an indication of serious mental health problems.
Before you rush to demand the employee get counseling or see a doctor, remember that the ADA prohibits such requests unless there is a clear business necessity for the exam.
The better approach: Keep your focus on the employee’s work and leave out personality problems.
At a minimum, run the problem by your attorney before talking to the employee about any kind of evaluation.
Recent case: Rena got rave reviews for her work at an AT&T call center. But supervisors became concerned when Rena seemed to think she was being followed. She also believed that cameras in the facility were there to spy on her. She acted in a way that several supervisors described as “paranoid.” One supervisor said her behavior made co-workers “afraid for their own safety.”
One day, supervisors and HR met with Rena and cited examples of her behavior. She was told that she had been scheduled for a physical exam and was given paid time off until the appointment.
Rena went to the appointment, but refused to cooperate. She wouldn’t hand over her health insurance information or answer any questions about her health or mental condition. Instead, she left and returned to work.
She was never disciplined for refusing to undergo the exam. Rena sued anyway, alleging that she had been regarded as disabled when she was not.
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The court agreed that scheduling the appointment was treating Rena as if she had a mental health condition. However, she lost the case anyway because she was never disciplined for refusing to participate in the exam. (Lee v. AT&T Mobility, No. 5:11-CV-294, ED NC, 2013)
Final note: Remember that the ADA makes it illegal to require an employee to undergo a medical test that may reveal a disability unless there’s a job-related reason that is consistent with a business necessity.
While some behavior (like threats of physical harm) may warrant suspension and a medical exam, other behavior can and should be ignored.
What saved AT&T in this case was that it never took action against Rena once she made it clear she wasn’t going to participate in a physical or mental evaluation. Had she been fired for refusing, the company would have had a hard time defending itself. It’s difficult to imagine that Rena’s slightly paranoid outlook was really dangerous to her co-workers.
If you think an employee could benefit from counseling or a medical exam, discuss the matter with your attorney before taking action.
Online resource: EEOC guide on employee medical exams
When can you legally ask questions about employees’ medical conditions or require a medical exam? Find answers in the EEOC’s guidance and Q&A document on the subject.
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